
New Orleans is known for its vibrant drinking culture, with the city offering everything from craft cocktails to plastic cups of alcohol sold in the French Quarter. One of the most surprising beverage traditions in the city is the drive-thru daiquiri. Drive-thru daiquiri shops are widespread in New Orleans, with the New Orleans Original Daiquiri chain alone operating over 30 locations. These shops are made possible by a loophole in the law, which states that the open container law does not apply to frozen alcoholic beverages as long as the lid is intact, no straw is protruding, and the contents have not been removed. While drive-thru daiquiris are popular in New Orleans, it is important to note that drunk driving laws are still strictly enforced in the state.
| Characteristics | Values |
|---|---|
| Legality | Technically legal as long as the container is "closed", i.e. the lid is intact and no straw is protruding |
| Container type | Plastic cups |
| Location | Numerous locations across New Orleans |
| Price | Approximately $9.50 for a large daiquiri |
| Other services | Some drive-thru daiquiri places also have pool tables and TVs |
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What You'll Learn

Drive-thru daiquiris are legal in New Orleans if the cup is sealed
Drive-thru daiquiris are a unique and surprising tradition in New Orleans, Louisiana. While drinking and driving are both dangerous and illegal, drive-thru daiquiri shops have become a popular and widely accepted part of the city's culture. The first drive-thru daiquiri stand opened in Lafayette, Louisiana, in 1981, when there were no laws against drinking and driving in the state. Despite some initial pushback, the concept quickly gained popularity, and soon, competitors started springing up across the area.
New Orleans has a well-known drinking culture, and drive-thru daiquiris have become an intriguing part of this culture. Visitors to the city are often amazed to discover that they can purchase frozen cocktails on the go. The legal loophole that allows this practice is that the daiquiri cup must be sealed with the lid intact and no straw protruding. In addition, the contents of the cup should not have been partially or fully removed. As long as these conditions are met, the drive-thru daiquiri is legal according to Louisiana's open container law.
While Louisiana has since updated its laws to prohibit open containers of alcohol in moving vehicles, the drive-thru daiquiri tradition remains a beloved and quirky part of New Orleans culture. The city is known for bending the rules, especially when it comes to its long-standing traditions. This unique aspect of New Orleans has become a source of fascination for tourists and locals alike.
It is important to note that the laws related to drunk driving in Louisiana are just as strict as in any other state. While the drive-thru daiquiri loophole may seem confusing, it is essential to understand that breaking the law in this regard can have serious consequences. New Orleans has a rich history of enjoying alcoholic beverages, but it is crucial to consume them responsibly and within the legal boundaries.
In conclusion, drive-thru daiquiris are legal in New Orleans as long as the cup is sealed according to the specific legal definition. This tradition has become an iconic part of the city's culture, attracting attention from people all over the world. While it may seem unusual, it is a testament to New Orleans' unique approach to life and its long-standing traditions.
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Drinking and driving is illegal in Louisiana
The drive-thru daiquiri shops in Louisiana are able to operate by adhering to a specific set of rules and a legal loophole. The loophole permits the sale of frozen alcoholic beverages in "closed containers" as long as certain conditions are met. These conditions include an intact lid, no straw protruding through the lid, and the contents of the container remaining untouched. As long as these criteria are satisfied, the drive-thru daiquiri shops are operating within the boundaries of the law.
This loophole has led to the popularity of drive-thru daiquiri shops across Louisiana, with the New Orleans Original Daiquiri chain operating over 30 locations. The first drive-thru daiquiri stand opened in Lafayette, Louisiana, in 1981, at a time when the state had no laws against drinking and driving. Despite facing some initial pushback, the concept quickly gained traction, and soon, competitors began to spring up.
While the drive-thru daiquiri shops may seem at odds with drunk driving initiatives, it's important to note that Louisiana has strict laws against drunk driving, just like any other state. The open container law in Louisiana prohibits open alcoholic beverage containers in moving cars, but it does not apply to frozen alcoholic beverages with intact lids and no straws protruding. This fine line must be understood correctly to avoid breaking the law.
In summary, while drinking and driving is illegal in Louisiana, the state's drive-thru daiquiri shops operate within a legal loophole by adhering to specific rules regarding the sealing of containers. It is crucial for individuals to understand and follow these laws correctly to ensure their own safety and compliance with the law.
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The first drive-thru daiquiri shop opened in Lafayette, Louisiana, in 1981
Drive-thru daiquiri shops are a unique feature of Louisiana, with the first one opening in Lafayette in 1981. At the time, there were no laws in the state against drinking and driving, and the new business was an instant success. Soon, similar drive-thru daiquiri stands began springing up all over the area.
The first drive-thru daiquiri shop in Lafayette was opened by 25-year-old David Ervin. The cocktail served at his drive-thru was initially unnamed, but it later became known as the "daiquiri". The drink is now a staple of Louisiana's drinking culture, with the state's unique laws allowing the sale of alcohol in drive-thru businesses.
The legality of drive-thru daiquiris in Louisiana is dependent on the drink being served in a sealed container. According to the law, a sealed container has its lid intact and no straw protruding. As long as these conditions are met, it is legal to sell and consume alcoholic daiquiris from a drive-thru in Louisiana.
Today, there are several popular drive-thru daiquiri stands in Lafayette, including Cupid's Daiquiri, Daiquiri Depot, and New Orleans Original Daiquiris. These establishments offer a wide variety of daiquiri flavors, including unique combinations such as the Mary Jane, a piña colada-flavored drink made with melon liquor, spiced rum, coconut rum, and blue curaçao.
While the laws regarding open containers of alcohol in vehicles have since changed in Louisiana, the tradition of drive-thru daiquiris remains a beloved and unique aspect of the state's culture, particularly in cities like New Orleans.
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New Orleans has a strong drinking culture
The laws surrounding open containers of alcohol in vehicles vary across the United States, and in Louisiana, there is a specific ordinance that allows the sale and possession of these drinks under certain conditions. The drinks must be in "closed containers", with the lid intact, no straw protruding, and the contents not partially consumed. As long as these conditions are met, it is legal to purchase and possess these drinks while driving.
New Orleans has a unique relationship with alcohol, with specific districts like the French Quarter permitting the possession and consumption of alcoholic beverages in open plastic containers. The city is known for its craft cocktails and vibrant bar scene, with establishments like Arnaud's French 75, Cane & Table, and Bar Tonique serving unique and innovative drinks. The drive-thru daiquiri stands add to this culture, providing a convenient and novel way for people to purchase and enjoy alcoholic beverages.
The popularity of drive-thru daiquiris in New Orleans can be attributed to the city's relaxed attitude towards alcohol and its rich history of unique beverage traditions. While the concept may seem contradictory to drunk driving initiatives, the strict conditions under which these drinks are sold and consumed aim to address these concerns. The drive-thru daiquiri stands are a testament to New Orleans' ability to balance fun and responsible drinking, contributing to the city's vibrant and diverse drinking culture.
The availability of drive-thru daiquiris in New Orleans adds a layer of convenience and novelty to the city's drinking culture. Patrons can purchase their favourite drinks without leaving their cars, and the stands often offer a variety of flavours and options to cater to different tastes. The drive-thru nature of these establishments also contributes to the social aspect of drinking, as people can easily purchase drinks to share with friends and family at parties or gatherings.
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Drive-thru daiquiris are widely popular in Louisiana
Drive-thru daiquiris are indeed widely popular in Louisiana, with dozens of shops across the state, including over 30 locations of the New Orleans Original Daiquiri chain. The concept of drive-thru daiquiris is considered unique and surprising to many, as drinking and driving is illegal and dangerous. However, in Louisiana, there is a loophole that allows for the sale of frozen alcoholic beverages in "closed containers".
The history of drive-thru daiquiris in Louisiana dates back to 1981 when the first drive-thru daiquiri stand opened in Lafayette. At the time, Louisiana had no laws against drinking and driving, and the concept quickly gained popularity. Despite some initial pushback, competitors soon sprang up, and the trend spread to New Orleans. The unique nature of the drive-thru daiquiri stands, combined with the city's strong drinking culture, made them a hit with tourists and locals alike.
The legal loophole that allows drive-thru daiquiris to exist in Louisiana is specific. According to the law, an open container is defined as "any bottle, can, or other receptacle that contains any amount of frozen alcoholic beverage unless the lid is removed, a straw protrudes therefrom, or the contents of the receptacle have been partially removed." As long as the lid is intact, no straw is protruding, and the contents have not been removed, the container is considered "closed" and falls within the legal grey area.
While the drive-thru daiquiri trend may seem at odds with drunk driving initiatives, Louisiana has strict laws against drunk driving, just like any other state. The popularity of drive-thru daiquiris highlights the delicate balance between enjoying alcoholic beverages and responsible consumption. It is essential to understand and follow the laws and regulations to ensure safe and legal consumption.
The drive-thru daiquiri phenomenon in Louisiana is a fascinating example of how local culture and traditions can shape the interpretation and application of laws. While it may seem unusual to those unfamiliar with the concept, it is an integral part of the state's unique offerings and a testament to the entrepreneurial spirit of its residents.
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Frequently asked questions
Yes, drive-thru daiquiris with alcohol are legal in New Orleans as long as the cup is sealed. This means that the lid is intact, no straw is protruding from the cup, and the contents have not been removed.
There are dozens of drive-thru daiquiri shops across New Orleans, including the New Orleans Original Daiquiri chain, which has over 30 locations.
No, it is illegal to drink and drive in New Orleans. Drive-thru daiquiris are only legal because they are sold in "closed containers" that are sealed and have not been opened or consumed.


































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